878 F.

2d 1430
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Neil ABRAMSON, Plaintiff-Appellant,
v.
Claude STAFFORD, Sergeant Waldron, Deputy White, all
individually and as members of the Sheriff's Department of
the City of Chesapeake, Virginia, John Newhart, City of
Chesapeake, Defendants-Appellees.
No. 89-7059.

United States Court of Appeals, Fourth Circuit.

Submitted April 7, 1989.
Decided June 29, 1989.

Neil Abramson, appellant pro se.

Laura Jayne Holland Willcox & Savage, PC, George Thomas Albiston,
Breit, Drescher, Breit, PC, for appellees.
Before MURNAGHAN, SPROUSE, and WILKINSON, Circuit Judges.
PER CURIAM:

Neil Abramson appeals an order of the district court which granted a motion to
dismiss as to the City of Chesapeake, one of the six defendants in this case. He
has also moved that this appeal be stayed. We deny the motion for stay and
dismiss the appeal for lack of jurisdiction.

At the same time he noted this appeal, Abramson filed a motion for
reconsideration in the district court. He now wishes to delay this Court's action

on his appeal so that the district court can rule on the motion for
reconsideration. Because the district court retains jurisdiction to consider a
motion for reconsideration even after a final judgment, however, the motion for
stay is unnecessary and is, therefore, denied. Standard Oil Co. of California v.
United States, 429 U.S. 17 (1976); Sine v. Local No. 992, International
Brotherhood of Teamsters, 790 F.2d 1095, 1098 (4th Cir.1986); C. Wright &
A. Miller, Federal Practice and Procedure Sec. 2873 at 265 (1973).
3

Under 28 U.S.C. Sec. 1291 this Court has jurisdiction over appeals from final
orders. A final order is one which disposes of all issues in dispute as to all
parties. It "ends the litigation on the merits and leaves nothing for the court to
do but execute the judgment." Catlin v. United States, 324 U.S. 229, 233
(1945).

As the order appealed from is not a final order, it is not appealable under 28
U.S.C. Sec. 1291. Although the clerk of the district court entered a judgment
after the City of Chesapeake's motion to dismiss was granted, the district court
judge has not directed entry of final judgment as to particular claims or parties
under Fed.R.Civ.P. 54(b), nor is the order appealable under the provisions of 28
U.S.C. Sec. 1292. Finally, the order is not appealable as a collateral order under
Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).

Finding no basis for appellate jurisdiction, we dismiss the appeal as

interlocutory. We dispense with oral argument because the dispositive issues
have been decided authoritatively.

DISMISSED.